Developing Agreements between Local Education 

Agencies and American Indian Nations and Tribal 

Communities: 

A WISCONSIN PERSPECTIVE 

Wisconsin Department of Public Instruction 

Tony Evers, PhD, State Superintendent 

Developing Agreements between 

Local Education Agencies and 

American Indian Nations and Tribal Communities: 

A Wisconsin Perspective 

July 2017 

Developed by 

David O'Connor 

American Indian Studies Consultant 

Wisconsin Department of Public Instruction 

Eva Kubinski 

School Administration Consultant 

Wisconsin Department of Public Instruction 

Nara Nayar 

Technical Assistance Consultant 

Midwest Comprehensive Center at American Institutes for Research 

WISCONSIN~-

PUBLiC ~ INSTRUCTION 

Wisconsin Department of Public Instruction 

Tony Evers, PhD, State Superintendent 

Madison, Wisconsin 
This publication is available from: 

Content and LearningTeam 

Wisconsin Department of Public Instruction 

125 South Webster Street 

PO Box7841 

Madison, Wisconsin 53707-7841 

© July 2017 Wisconsin Department of Public Instruction 

The Wisconsin Department of Public Instruction does not discriminate on the basis of sex, race, 

color, religion, creed, age, national origin, ancestry, pregnancy, marital status 

or parental status, sexual orientation, or disability. 
Foreword 

The vision of the Wisconsin Department of Public Instruction (DPI) is 

to advance education in a way that ensures every child graduates 

ready for college and career. Wisconsin educators, tribal nations, 

and communities have a long history of working to improve outcomes for 

American Indian students, yet there is great potential for increased and 

more focused collaboration. 

Foreword iii

We recognize how important it is for schools, educators, and the DPI to 

work together with Wisconsin's American Indian nations and communities. 

We expect to close achievement and graduation gaps between American 

Indian students and their counterparts. This guide is one example of many 

resources available to local education agencies (LEAs) interested in 

developing strong relationships with their neighboring American Indian 

nations and tribal communities. 

Our schools must continue to focus on closing the gaps that persist in areas 

such as academic achievement, behavioral and disciplinary issues, and 

graduation rates between American Indian students and their peers. A 

high-quality education should be available to all Wisconsin students. 

Developing Agreements between Local Education Agencies and American Indian 

Nations and Tribal Communities: A Wisconsin Perspective is a resource 

educators can use to understand effective collaborative processes to help 

develop relationships with the American Indian nations and tribal 

communities. 

Together, we share a responsibility to ensure our educators have the 

resources, tools, and understanding required to help all of our students 

become college and career ready. I hope you will find this guide helpful. 

Tony Evers 

State Superintendent 

Table of Contents 

Foreword .................................................................................................................................................................... iii 

Acknowledgements.................................................................................................................................................... vii 

Section 1 Introduction............................................................................................................................................ 1 

Essential Understandings..................................................................................................____ 

................................................................................................._____ 

............................................................................................ 

.................................................................................................._____......................... 

................................................................................ 

2 

Working Together 3 

Culturally Competent Collaboration Tips 4 

Resources 7 

Section 2 Memoranda of Understanding or Agreement 9 

Why Use MOUs? ............................................................................................_____.................. 9

More than Just a Document.............................................................................................____ 10 

What a Good MOU Looks Like................................................................................................___ 11 

Purpose..........................................................................................._____........................ 11 

Benchmarks and Timelines ...........................................................................................___ 11 

Roles and Responsibilities............................................................................................................. 12 

Sustainability..............................................................................................._____ 12 

Other Ways of Formalizing Agreements.............................................................................................. 12 

Examples of MOUs between LEAs and Tribal Nations ................................................................... 13 

Section 3 Case Studies From Wisconsin............................................................................................................. 15 

The Ho-Chunk Nation and the Black River Falls School District................................................. 15 

The Forest County Potawatomi, Sokaogon Chippewa Community, 

and the School District of Crandon ........................................................................................................ 17 

Section 4 Conclusion............................................................................................................................................... 19 

Section 5 Appendices.............................................................................................................................................. 21 

Appendix A: Documents Used During Creation ................................................................................ 23 

Appendix B: References.............................................................................................._____.. 25 

Appendix C: Glossary..........................................................................................._____ 27 

Appendix D: Sample Memoranda of Understanding....................................................................... 29 

Table of Contents V 

Ackno\Nledgements 

The Wisconsin Department of Public Instruction would like to thank the following individuals for agreeing 

to be interviewed or consulted for this document: 

Jeff Ackley, Jr. 

Tribal Administrator 

Sokaogon Chippewa Community and 

President 

School District of Crandon, Board of Education 

Kenith Bergeron 

Senior Conciliation Specialist 

Community Relations Service 

United States Department of Justice, Region V 

Thomas Boelter 

Division Director of Education and Culture 

Forest County Potawatomi 

Doug Kryder 

District Administrator 

School District of Crandon 

Larry Palubicki 

Director of Pupil Services 

School District of Crandon 

Nehomah Thundercloud 

Executive Director of Education 

Ho-Chunk Nation 

Shelly Severson 

District Administrator 

Black River Falls School District 

Shelby Anderson 

Author 

Wisconsin School News 

Acknowledgements vii 

Introduction 

There are tremendous potential benefits to be gained from mutually supportive 

partnerships between American Indian nations, tribal communities, and local 

education agencies (LEAs). American Indian nations and tribal communities have 

resources, specialized knowledge, and greater access to parents/guardians, 

families and communities; similarly, schools have resources, programs, and access 

to students. Many such partnerships already exist, both in Wisconsin and across 

the United States, and can serve as examples of productive ways to support and 

nurture these important relationships. 

Whether a school district has such a partnership with a local 

American Indian nation or tribal community or is considering 

developing one, written agreements can help promote clarity, 

accountability, and mutual understanding for all parties involved 

in an agreement. 

This document was developed by the Midwest Comprehensive 

Center (MWCC) in conjunction with the Wisconsin Department 

of Public Instruction (DPI). It is designed to provide a brief 

"quick-start" guide that is accessible to all LEA staff involved in 

meetings or partnerships with representatives of American Indian nations and 

tribal communities. We recommend that those charged with developing written 

agreements study this topic in greater depth. However, this document is a resource 

for all those involved in partnership activities with American Indian nations and 

tribal communities, who are encouraged to familiarize themselves with the process. 

The federal Every Student Succeeds Act of2016 (ESSA) was signed into law on 

December 10, 2015. The U.S. Department of Education will be responsible for 

issuing regulations to guide state and district implementation of the Act. 

ESSA language regarding the relationship between tribal nations and districts 

includes: 

"SEC. 8538. CONSULTATION WITH INDIAN TRIBES AND TRIBAL 

ORGANIZATIONS." 

"(a) IN GENERAL.-To ensure timely and meaningful consultation on issues 

affecting American Indian and Alaska Native students, an affected local 

educational agency shall consult with appropriate officials from Indian tribes or 

tribal organizations approved by the tribes located in the area served by the 

local educational agency prior to the affected local educational agency's 

submission of a required plan or application for a covered program under this 

Act or for a program under title VI of this Act. Such consultation shall be done in 

a manner and in such time that provides the opportunity for such appropriate 

officials from Indian tribes or tribal organizations to meaningfully and 

substantively contribute to such plan." 

Introduction 1 
It is important to 

understand and 

respect the history, 

culture, and tribal 

sovereignty of each 

of these nations and 

communities with 

which you are 

working. 

"(b) DOCUMENTATION-Each affected local educational agency shall maintain 

in the agency's records and provide to the State educational agency a written 

affirmation signed by the appropriate officials of the participating tribes or tribal 

organizations approved by the tribes that the consultation required by this 

section has occurred. If such officials do not provide such affirmation within a 

reasonable period of time, the affected local educational agency shall forward 

documentation that such consultation has taken place to the State educational 

agency." 

The first part of this document provides basic background on developing 

partnerships with American Indian nations and tribal communities and some tips 

for engaging in culturally competent collaboration. It also contains a list of more indepth resources for further exploration. 

The second part of the document looks at written agreements and outlines best 

practices for creating effective Memoranda of Understandings (MOUs). 

The third and final part of the document is a more in-depth look at two MOUs 

developed between two LEAs and three American Indian nations in Wisconsin. 

Essential Understandings 

There are three points that everyone working with American Indian nations and 

tribal communities, students, parents/guardians, families, or communities should 

understand in order to promote mutual agreement and understanding. 

1. American Indian nations have treaties, tribal sovereignty, and selfdetermination rights. As a result, they are recognized by the U.S. 

government as sovereign nations. When you develop an agreement with 

an American Indian nation or tribal community, you are negotiating with 

representatives of the government of a sovereign nation, with its own 

constitution, laws, courts, and jurisdiction rights. 

2. Each American Indian nation and tribal community is distinctive. 

American Indians from different nations and communities may have 

different languages or variations on a regional language and different 

tribal systems, beliefs, customs, traditions, culture, and histories. It is 

important to understand and respect the history, culture, and tribal 

sovereignty of each of these nations and communities with which you are 

working. As a result, you should be careful not to rely on broad 

generalizations about American Indian people and communities. 

3. The history of American Indian education is complex. Within living 

memory, American education policies have been used as a means to 

separate and permanently remove American Indian children from families 

and tribal communities and to do away with their culture, traditions, and 

native languages. This history impacts the present in very real ways. 

2 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
Working Together 

Written agreements are often pursued as a way to resolve differences and reach 

consensus. This process requires negotiation, collaboration, and compromise. 

Developing successful written agreements requires all parties to acknowledge the 

historical issues and seek to find a new, positive way to move forward together. 

Jeffrey Vail, the Director of Lands, Minerals, & Uses for the U.S. Forest Service's 

Southern region, has excellent advice on working with representatives of tribal 

nations (Vail, 2005, para. 1-2). 

The adage 'seek first to understand, then to be understood' is always 

wise counsel. When interacting with [American] Indian tribes, it is 

imperative. 

There are over 550 federally recognized tribes in the United States, each 

one a sovereign nation with a unique history and culture .... Tribes bring 

their history and culture into negotiations, and it is critical for all parties 

to the negotiation to listen, learn, and try to understand.... In order for 

Indian people to begin to trust other parties in a negotiation, they need 

an indication that the other parties respect them, their history, and their 

culture. 

Kenith Bergeron, who acted as mediator for the Wisconsin MOU processes 

profiled in the "Case Studies" section of this document (pp. 15-18), says, "What 

helped me was taking time to learn about each tribal nation and their culture 

before entry. You have to do your homework. Trust is earned from cultural 

awareness, respect for elders and tribal hierarchy and active listening" (personal 

communication, July 15, 2015). 

The adage 'seek first 

to understand, then 

to be understood' is 

always wise counsel. 

When interacting 

with [American] 

Indian tribes, it is 

imperative. 

Introduction 3 
Essential Practices for Working Together 

• Assume goodwill. All parties involved are working for the good of students 

and families. While definitions and approaches may vary, recognizing and 

even celebrating this goodwill as a shared goal is key. 

• Listen with an open mind. Working with American Indian nations and tribal 

communities may require LEAs to engage in a problem solving process that 

defines problems and arrives at solutions in a way that is rooted in the 

values, culture, and perspective of the tribal nation and community. Due to 

the history of government interactions with American Indian nations, when 

programs are seen as imposed from outside the tribal community, distrust 

can create a significant barrier to successful partnership (Grant & Brown, 

2003; Weaver, 1999). 

• Communicate. Points of contacts in all parties should check in with each 

other frequently. Inquire as to what form of communication works best for 

your contact. Provide materials and meeting notices ahead of time. Be 

conscious of the acronyms, terminology, and concepts you are using to 

ensure that all parties can understand (Centers for Medicare & Medicaid 

Services, 2013; Louis Berger Group, Inc., 2013; U.S. Department of Energy, 

2000). 

Culturally Competent Collaboration Tips 

A summary of key practices for working with representatives of American Indian 

nations and tribal communities in a culturally competent way is provided below. 

Know who you are working with. Make an effort to learn about the specific 

American Indian nation(s) and tribal communities with which you are partnering. 

Visit resources such as their nation's website to learn more about their 

government, culture, and history and to help you identify your initial point or 

points of contact within the tribal nation or tribal education department 

(Centers for Medicare & Medicaid Services, 2013; Native American Rights Fund, 

2006). 

More information on each of the American Indian nations and tribal 

communities in Wisconsin and links to their websites can be found through the 

Great Lakes Inter-Tribal Council (http://www.glitc.org/tribes/). Patty Loew's 

Indian Nations of Wisconsin: Histories of Endurance and Renewal is an excellent 

resource for historical context for each nation and tribal communities, as is the 

Wisconsin State Tribal Relations Initiative's Tribes of Wisconsin 

(http://witribes.wi.gov/section.asp?linkid=284&locid=57). 

4 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
Help your partners know your district. The structure of your district, the region 

you serve, your staff and their roles, and the number and demographics of 

students you serve may not be clear to everyone at the table. Make 

understanding easier for your partners by being as transparent as possible; 

provide information up front and don't assume your partners know federal, 

state, or local programs or their acronyms. Maps of your district's area, 

information on existing programs, and organizational charts may all be helpful. 

Respect is an essential foundation for working successfully with American 

Indian nations and tribal communities. There are several ways to help 

communicate respect to your tribal partners. 

• Know the titles or positions of those you are working with and 

acknowledge them. 

• Ensure that the school district administrators and other leadership 

attend key events in the community and acknowledge the value of the 

work being done (U.S. Department of Energy, 2000). 

• Issue personal or written invitations to meetings and events. 

Personal conduct is of great importance. American Indian nations and tribal 

communities place great emphasis on judging character by one's action, conduct, 

and response. Conduct is particularly subject to cross-cultural 

misunderstandings; appropriate conduct for partners from tribal nations may 

require certain adjustments on behalf of school district personnel who are less

familiar with tribal culture, as well as a public statement of good intent to cover 

potential missteps.

• Keep your voice to a moderate level. Speaking loudly may be taken by 

community members, elders, leaders, and others as arrogance or 

condescension. 

• Wait before speaking. It is common to allow a greater wait time 

between speakers in many communities; a pause indicates the other 

person is considering what you said. A hurried follow-up question may 

disrupt their response to your first question. Therefore, if you are in a 

hurry, you may get no answer at all and may be perceived as 

disrespectful. 

• Do not interrupt. In general, patience, the ability to tolerate silence, and 

listening are all crucial skills. If you are inclined to be more verbally active,

you may need to consciously work to cultivate patience and to listen 

rather than "jumping in" to speak. 

Introduction 

Ensure that the school 

district administrators 

and other leadership 

attend key events in the 

community and 

acknowledge the value of 

the work being done (U.S. 

Department of Energy, 

2000). 

5 
Invite tribal members, 

leaders, and elders to 

educate you about 

specific cultural 

protocols relevant to 

the partnership. 

• Give your undivided attention to the person who is speaking. Showing 

impatience about time can be considered culturally inappropriate 

behavior-if something is important enough to talk about, it is important 

enough to give whatever time is necessary to discuss and ultimately 

resolve the issues. 

• Prolonged eye contact may be inappropriate. Different American Indian 

nations and tribal communities have different cultural norms around eye 

contact; if tribal members or representatives do not appear to be making 

eye contact, it may not be any indication of whether or not they are 

listening. This cultural norm varies greatly from tribe to tribe; ask if you 

are not sure and wish to be courteous. 

• Let your partners be your guide as to the use of humor. When beginning 

an important discussion or when responding to questions by tribal elders 

and officials, laughter may be taken as a lack of seriousness or as 

belittling the subject or the questioner. On the other hand, when working 

with individuals, a sense of humor - and a willingness to laugh at oneself -

are often assets. Follow the lead of your American Indian partners to help 

clarify when humor may be appropriate. 

• Be open about what you don't know. Invite tribal members, leaders, and 

elders to educate you about specific cultural protocols relevant to the 

partnership. When in doubt,don't assume;ask respectfully (U.S. Department 

of Energy, 2000; Weaver, 1999). 

Formal and informal communication are both important. Formal 

communication such as events, reports, meetings, and minutes is an essential 

part of building trust, partnerships, and agreements. But informal 

communication such as phone calls, emails, unscheduled discussions, and sharing 

publications of interest is also important to maintain and strengthen a good 

working relationship (Centers for Medicare &Medicaid Services, 2013). 

Be flexible about adherence to timelines. American Indian nations and tribal 

communities often place greater emphasis upon achieving consensus and harmony

than on keeping to schedules. A meeting might go on longer than expected until a

consensus is reached and issues resolved. Decision-making likewise works toward 

consensus rather than deadlines (U.S. Department of Energy, 2000). 

Events or meetings led or co-led by American Indian nations and tribal 

communities may look very different. Tribal sovereignty includes American 

Indian nations' rights to reach decisions and conduct meetings according to their 

own constitutions and/or policies. For example, many American Indian nations and 

tribal communities open and close events and meetings with either a moment of 

silence and/or prayer, often in the American Indian language. 

6 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
Elders are highly respected in American Indian nations and tribal communities, 

whether or not they hold any official position. 

• When speaking with a tribal elder, allow more time for a response than 

you normally would allow. 

• Tribal elders may use stories or analogies to demonstrate a point. 

• If food is being served at a meeting, serve tribal elders (or invite them to 

serve themselves) first (U.S. Department of Energy, 2000). 

With a foundation of respect and clear communication, many issues can be 

advanced and solutions discovered. 

Resources 

There are several resources available on line that may be helpful to agencies or 

LEAs wishing to form partnerships with their local American Indian nations and 

tribal communities. The more understanding educators have of the history and 

impact of American education laws 

and policies on Native people, the 

more successful they may be in 

collaborating with American Indian 

nations and tribal communities. 

Much of the guidance currently 

available is written for 

governmental employees who are 

legislatively required to consult with 

American Indian nations or tribal 

communities, and is focused on relationships required at the federal or state level. 

Often, it is written for fields other than education-public health, transportation, 

agriculture, energy, or tourism. The following resources are available for free 

online and are directly relevant to LEAs. Further resources are cited throughout 

and may be found in the references section at the end of this document. 

Training: Working Effectively with Tribal Governments (2013) 

http://tribal.golearnportal.org/ or as awritten guidance document: 

https://www.michigan.gov/documents/mdch/Working-Effectively-with-TribalGovernments_384010_7.pdf 

This training outlines the unique status of Indian tribes and their historical 

relationship with the federal government, and gives an overview of how that 

status and relationship affect government programs, responsibilities, and 

initiatives. Not education-specific. 

With a foundation of 

respect and clear 

communication, 

many issues can be 

advanced and 

solutions discovered. 

Introduction 7 
Profiles of Partnerships Between Tribal Education Departments and Local 

Education Agencies (2012): 

http://www.ed.gov/edblogs/whiaiane/files/2012/04/Profiles-of-PartnershipsBetween-Tri baI-Education-Departments-and-LocaI-Education-Agencies.pdf

A set of nine case studies of LEA-tribal partnerships in the north central U.S. 

region, conducted by the Regional Educational Laboratory (REL) Central in 

2012. Includes information on challenges, strengths, funding, process, and 

written agreements. 

A Manual for Chief State School Officers and State Education Agencies on 

American Indian and Alaska Native Tribal Sovereignty, Federal Education 

Programs for Tribal Students, and Tribal Education Departments (2006): 

http://www.narf.org/nill/documents/manual_state_school.pdf

An education-focused look at Native American tribal sovereignty, history, and 

tribal education departments. Contains a valuable appendix that includes "A 

Model Protocol for State Education Agencies to Address Education Issues on a 

Government-to-Government Basis with Tribal Governments/Tribal Education 

Departments." 

American Indian Education in Wisconsin (2015): 

http://dpi.wi.gov/ sites/default/files/imce/amind/pdf/ american-indianeducation-in-wi.pdf 

A Wisconsin-focused look at how education policy and practice impact tribes in 

Wisconsin, developed by the Department of Public Instruction in 2015. Includes 

analysis of 2014 outcomes for American Indian students as compared to the 

general student population and a list of relevant programs and resources in 

Wisconsin. 

Fostering School, Family, and Community Involvement (2007): 

http://smhp.psych.ucla.edu/publications/44%20guide%207%20fostering%20sc 

hool%20family%20and%20community%20involvement.pdf 

A foundational guide to creating and sustaining collaborative relationships with 

families and communities. Focuses on the creation of safe schools but contains 

multiple tools and resources for building collaboratives for any purpose. 

The following section discusses formalized agreements between LEAs and 

American Indian nations and tribal communities, and focuses on MOUs as one 

possible way to formalize goals, roles, and responsibilities in this kind of 

collaborative partnerships. 

8 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
Memoranda of 

Understanding or Agreement 

The purpose of a MOU 

is to identify the 

parties and context, 

and to outline the 

understandings and 

agreements. 

Memoranda of Understanding or Agreement 9 

Memoranda of Understanding (MOUs), or Memoranda of Agreement (MOAs) are 

often developed between local governments, school districts, and American Indian 

nations and tribal communities to align services, improve communication and 

understanding, and develop ways to better serve students, parents/guardians, 

families, communities, and nations. The structure of MOAs and MOUs is similar, 

and the term MOU will be used throughout this document to denote this type of 

agreement. 

The purpose of a MOU is to identify the parties and context, and to outline the 

understandings and agreements. The MOU typically includes a process for 

amending and renewing the agreement. 

Why Use MOUs? 

An MOU can constitute a legally enforceable contract, if that is the intent of the 

parties, or can be non-binding. The Wisconsin MOUs profiled here are all voluntary 

and non-binding. 

An MOU may be used to define the expectations, roles, and responsibilities of each 

of the parties. Common provisions may include: 

• Meetings and Representation 

• Data Sharing Agreements 

• Expected Communications 
The MOU is the 

product of something 

that in most cases is 

far more important: 

the conversations, the 

sharing of ideas, and 

the development of 

common intent 

between the parties 

involved. 

• Staff Roles and Responsibilities 

• Dispute Resolution 

Even if an MOU is non-binding, it helps clarify the roles and responsibilities of each 

party in a cooperative effort. If it contains standard contract terms and provisions, 

it will provide both parties with legal assurances and protections. 

NOTE: This document is not intended to be legal advice. If you intend for your 

agreement to be legally binding, you should consult with your attorney; the 

information in this guide is not intended to replace legal guidance. If you intend to 

enter into an informal and non-binding agreement, you may indicate this intention 

clearly in the document itself. The Wisconsin MOUs profiled in this document all 

contain similar sections titled "Voluntary Agreement and Ethics Disclaimer" that 

specifically identify them as non-binding agreements. 

More than Just a Document 

The MOU is the product of something that in most cases is far more important: the 

conversations, the sharing of ideas, and the development of common intent 

between the parties involved. A documented agreement, legally binding or not, 

cannot of itself build trust, understanding, and common purpose. The negotiations 

and conversations leading to that agreement are often more important than the 

agreement itself. 

In the nine partnerships profiled by REL 

Central in 2012, four specifically 

addressed having to move past and 

overcome historical issues and concerns, 

discrimination, mistrust, or rivalry in 

order to set and work on mutual goals for 

American Indian students' college, 

career, and community readiness. Eight 

of the partnerships mentioned the 

importance of meeting face-to-face to 

build and sustain their relationship. Each 

of the Wisconsin case studies included in this document grew out of mutual 

concerns between the LEAs and American Indian nations or communities involved. 

Through the process of developing and implementing the MOUs, the LEAs and 

American Indian nations now have been able to develop much more open and 

productive working relationships. In each of these cases, the process of developing 

an MOU was as important as the product. 

10 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
What a Good MOU Looks Like 

Kenith Bergeron, Senior Conciliation 

Specialist with the United States 

Department of Justice Community 

Relations Service, facilitated all four 

of the Wisconsin MOU processes 

identified in this document. MWCC 

reached out to him to try to better 

understand best practices for these 

types of negotiations, and he 

identified some key areas for 

successful agreements. 

Purpose 

The purpose of both the MOU and the 

activities it identifies should be 

written into the document. Many 

MOUs begin with clarifications of 

assumptions, values, and intended 

outcomes. Several parties interviewed 

for the case studies in this document 

stressed that arriving at a shared 

understanding of purpose was key to 

the success of their partnerships. 

Including the intended outcomes of 

particular meetings or other activities 

outlined in the MOU can also help 

focus implementation and guard against turnover-based confusions. 

The United States Department of 

Justice Community Relations Service 

(CRS) is the Department's 

"peacemaker" for community conflicts 

and tensions arising from differences 

of race, color, national origin, gender, 

gender identity, sexual orientation, 

religion, and disability. CRS is not an 

investigatory or prosecutorial agency, 

and it does not have any law 

enforcement authority. CRS provides a 

wide range of race relations services, 

such as mediation, conciliation, and 

technical assistance to local 

communities. 

CRS deploys highly skilled professional 

mediators with experience and 

cultural awareness to enable affected 

parties to develop and implement their 

own solutions. Its services are 

confidential, non-partisan, and free of 

charge, and are designed to serve as a 

catalyst for peaceful resolution (CRS, 

2004). 

Benchmarks and Timelines 

Everyone involved in partnerships has their own work and responsibilities, which 

needs to be considered as the collaboration goes forward. "If I had to go back and 

do this again," Mr. Bergeron said, "I would create a timeline for the deliverables 

that parties agreed on during the negotiations to create accountability" {personal 

communication, July 15, 2015). 

A little clarity can go a long way in ensuring that both parties adhere to the 

timelines and activities in the agreement. For example: 

• Identifying key dates (start of the fiscal year, budget finalization dates, 

board and tribal council meetings, etc.) helps all parties understand what 

the framework for the activities will be. 

• Adding concrete timestamps to each of the activities in the agreement can 

encourage accountability on all sides. Helpful timestamps may include start 

and end dates, quarterly meeting dates, benchmark dates, and review 

periods. 

Memoranda of Understanding or Agreement 

Everyone involved in 

partnerships has their 

own work and 

responsibilities, which 

needs to be considered 

as the collaboration 

goes forward. 

11 
The agreement can 

identify the positions 

or groups that will take 

primary responsibility 

for each activity 

within the activity 

description. 

Roles and Responsibilities 

Mr. Bergeron emphasized that, "you have to structure an agreement so that it is 

sustainable beyond the signatories" (personal communication, July 15, 2015). Any 

organization can have high turnover, and written agreements can help sustain 

efforts through administrative and leadership change. The agreement can also 

communicate decisions, values, and roles to people who are new to positions within 

the tribal nation or school district. 

He also noted that it helps to identify who is responsible for carrying out the 

activities within the tribal nation and in the school district, beyond saying that "the 

school district" or "the tribal nation" will do something. The agreement can identify 

the positions or groups that will take primary responsibility for each activity within 

the activity description. This specificity will help the agreement weather turnover 

and improve partnership accountability. 

Sustainability 

Part of the written agreement is often a commitment to continue the process of 

collaboration, partnership, and direct communication through regular meetings. 

Most agreements include stock language about "dispute resolution," "term of 

agreement and renewal," and "amendment of agreement." Knowing when and how 

the agreement will be revisited will help sustain both the agreement and the 

working relationship between the two parties. 

Other Ways of Formalizing Agreements 

If you wish to formalize roles and responsibilities in your partnership, an MOU is 

only one of several ways of doing so. Letters of support or commitment are letters 

from one party to another outlining their support or commitments for a given 

project or data sharing endeavor. The establishment of cooperative agreements 

may also be used when there are significant grant funds involved such as federal 

State-Tribal Education Partnership (STEP) Grant program funds. 

12 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
Examples of MOUs between LEAs and Tribal Nations 

Appendix A provides links to the four Memoranda of Understanding/Agreement 

between Wisconsin LEAs and American Indian nations and tribal communities. 

Wisconsin Department of Public Instruction and MWCC reviewed these four as 

well as five MOUs from other states and REL Central's profiles of partnerships 

(Beesley et al., 2012) to identify common elements of agreements between LEAs 

and American Indian nations and tribal communities: 

1. Meetings. Meeting timing, frequency, and attendance were often 

specified. Some MOUs or MOAs also included provisions for participation 

on specific boards or committees. Others specified that reports or 

materials would be developed by one partner and provided prior to the 

meeting. 

2. Curriculum. American Indian nation and tribal communities often partner 

with school districts to approve, create, or supplement curriculum for 

teaching and learning about Native peoples and local communities, such as 

that required under Wisconsin Act 31. 

3. Training. American Indian nations and tribal communities often partner 

with school districts to create or deliver professional development for 

teachers and staff on American Indian history, culture, tribal sovereignty, 

and/or best practices in working with American Indian students, families, 

communities, and nations. Conversely, school districts may provide 

training or professional development on data use, current educational 

issues and hot topics, and important initiatives. 

4. Data sharing. How data will be collected, what data will be shared, how 

student confidentiality will be preserved, and what will be done with 

shared data are common provisions of written agreements. 

5. Programs. LEAs and American Indian nations and tribal communities 

create a wide variety of joint programs, from native language courses to 

dual enrollment options at local tribal colleges. Alternative schooling 

options, tutoring or credit recovery, and after-school programs for 

American Indian students are other examples. 

6. Communication. From family information nights to fiscal and data 

transparency, communication is the backbone of many agreements. 

Meetings and data sharing agreements often have major communication 

implications, as do attempts to provide equal opportunity and access. 

7. Special education. Agreements often touched on aspects of special 

education, from disparities in identification to family communication to 

who will be involved in student Individualized Education Program (IEP) 

meetings. 

Memoranda of Understanding or Agreement 

Meetings and data sharing 

agreements often have 

major communication 

implications, as do 

attempts to provide equal 

opportunity and access. 

13 
Tribal consultation on 

key hires; dedicated 

staff to work with 

American Indian 

students, families, 

communities, and 

nations; or outreach to 

increase teacher and 

staffdiversity were 

common provisions of 

multiple MOUs. 

8. Discipline. Where discipline disparities were of particular concern, 

alternative discipline programs and tribal council involvement were among 

solutions agreed upon by LEAs and American Indian nations and tribal 

communities. 

9. Logistics. Transportation to and from educational programs, sharing 

agreements for computer hardware and software, funding, adjusting 

school calendars to account for culturally relevant functions, and other 

logistics were part of most agreements. 

10. Staffing. Tribal consultation on key hires; dedicated staff to work with 

American Indian students, families, communities, and nations; or outreach 

to increase teacher and staff diversity were common provisions of multiple 

MOUs. 

14 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
Case Studies From Wisconsin 

In May and June of 2015, the Wisconsin Department of Public Instruction 

conducted informal interviews with district and tribal nation representatives and 

worked with MWCC to develop case studies of two of the four Wisconsin-based 

MOU processes. 

The Ho-Chunk Nation and the 

Black River Falls School District 

Information in the Ho-Chunk Nation and Black River Falls School District case study was 

taken from the MOU itself and from Anderson (2015). 

The Ho-Chunk Nation has an MOU with the Black River Falls School District. The 

agreement with Black River Falls was signed in 2010, two years (and seven 

meetings) after a group of Ho-Chunk leaders and tribal members brought a 

complaint against the school district. The concerns centered on disparate 

treatment of American Indian students in school curriculum, programs, and 

services (CRS, 2010). 

• The stated intent of the MOU was to "provide a framework for respectful 

and cooperative communication that uses consensus building," to "improve 

the planning and coordination between the Black River Falls School District 

and the Ho-Chunk Nation," and to "establish a common understanding 

regarding [the parties'] roles, responsibilities, and procedures that will 

facilitate best practices" (Ho-Chunk Nation &School District of Black River 

Falls, 2010). Topics covered by the MOU included: 

• Regular meetings between various representatives of the nation and the 

school district. 

• Tribal designation of committee members for Johnson O'Malley (JOM), 

Title VI I, and Impact Aid committees in the school district. 

• Consultation and transparency around Impact Aid-funded programs and 

activities. 

• Social services intervention and teacher training on key topics. 

• Academic supports, including tutoring. 

• Efforts to improve attendance and reduce truancy. 

• Cultural awareness training, including alternative culturally responsive 

discipline measures. 

• Efforts to employ alternative education students and provide remediation. 

Case Studies from Wisconsin 

The stated intent of the 

MOU was to "provide a 

framework for respectful 

and cooperative 

communication that uses 

consensus building..." 

15 
The Ho-Chunk nation 

and the school district 

share a focus on 

student success that 

has allowed them to 

work together 

effectively. 

• Disproportionality in special education identification. 

• Transportation. 

• Data sharing. 

This MOU is unique in that the school district works closely with both the HoChunk Education Department and the Ho-Chunk Child and Family Services 

Department to serve students. The tribal nation and the school district have since 

added a separate MOU, with Jackson County, that creates a "coordinated services 

team" to help students struggling with law enforcement and/or addiction issues 

through coordinated student and family supports. 

The relationship between the tribal nation and the school district is "much more 

positive than it was before," according to a district administrator. New teachers in 

the district are now taken on a tour of the Ho-Chunk Nation's buildings and have a 

meal with tribal elders as part of their orientation to the school district. 

Additionally, the school district created a Committee for Culturally Responsive 

Teaching that has worked to integrate American Indian culture and history 

throughout the curriculum and trained Ho-Chunk student advocates for each 

grade level. 

The Black River Falls School District offers specific classes in Ho-Chunk history, 

culture, and language. All of the district's 5th grade classes tour the Ho-Chunk 

Nation's executive offices and tribal courts and discuss tribal sovereignty and the 

governments of the U.S. and Ho-Chunk nations as part of their U.S. History 

curriculum. The district also offers a course in the Ho-Chunk language and an 

ethnic studies class in partnership with the University of Wisconsin - Green Bay. 

Black River Falls School District has hosted numerous events such as powwows at 

district schools. And the school district flies the Ho-Chunk flag next to the 

Wisconsin and United States flags at each school as a visible symbol of a strong 

partnership. 

"I feel like our community really understands that we can accomplish more 

together than we can individually." 

Shelly Severson, District Administrator 

Black River Falls School District 

The Ho-Chunk nation and the school district share a focus on student success that 

has allowed them to work together effectively. Ho-Chunk students and families are 

more engaged with the schools, and Ho-Chunk student academic achievement has 

risen. "We don't want to get too comfortable. It's a continuing process," a HoChunk representative said, but it does look like the process will continue. The MOU 

is up for renewal this year, and both sides are planning to sign on to a new 

agreement and continue with their collaborative work and partnership. 

16 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
The Forest County Potawatomi, Sokaogon Chippewa 

Community, and the School District of Crandon 

Prior to 2010, tensions were rising in Crandon, Wisconsin between the Forest 

County Potawatomi, Sokaogon Chippewa, and the School District of Crandon. 

Several American Indian students had reportedly been expelled for fighting, and 

the district had been identified by the state of Wisconsin as having 

disproportionate identification of American Indian students for special education 

services. A Community Relations Service mediator contacted the two American 

Indian nations and the school district and brought everyone together (CRS, 2010). 

The relationship between the School District of Crandon and the two tribal nations 

at that point was not very collaborative. There was an atmosphere of distrust, the 

problem with disproportionality in special education, a feeling that American 

Indian children were being discriminated against in the schools, and a perceived 

lack of clear communication between the district and the tribal nations regarding 

how Title VI I and Impact Aid funds were being spent. The three parties entered 

into the agreement together because each of the American Indian nations shared 

similar concerns and the school district was interested in working with both 

American Indian nations in much the same way. 

Starting in 2006, the school district examined its special education data and moved 

from using a "discrepancy model" to identify students with specific learning 

disabilities to a "response to intervention" tiered model with clearer criteria for 

identification and intervention. During this shift the two American Indian nations 

were invited to school district discussions, and parent meetings were held to 

inform all families and community members about their rights regarding special 

education and to specifically provide a forum for American Indian families to learn 

more about their children's schools. 

The MOU itself was signed in 2010, but by that time, the school district had already 

been working with the two American Indian nations for four years, and had 

thoroughly reviewed the data on students from each of the American Indian 

nations. The MOU formally recognized the discrepancies in special education 

identification and other achievement gap issues within the school district, and 

stated that the school district and the American Indian nations shared a common 

goal: maximizing the achievement of Sokaogon Chippewa Community and Forest 

County Potawatomi students. The MOU addressed many of the helpful practices 

that had developed over the preceding years, such as the special education and 

American Indian family forums, and identified others, including: 

• Regular meetings between various representatives of each of the American 

Indian nations and the school district. 

• Sharing of student data, particularly around attendance and truancy. 

• Efforts to reduce disproportionality in the number of students receiving 

special education services, including a new special education plan and 

Case Studies from Wisconsin 

The MOU addressed 

many of the helpful 

practices that had 

developed over the 

preceding years, such as 

the special education 

and American Indian 

family forums, and 

identified others... 

17 
The data review had 

given all parties a fuller 

picture of the issues and 

allowed them to come up 

with concrete 

prescriptions for change. 

increased involvement of tribal Home-School Coordinators in special 

education evaluation, placement, and other meetings. 

• Increased transparency around budget issues. 

• Co-creation of locally-focused American Indian culture and spirituality 

professional development trainings for teachers. 

• K-12 curriculum materials and resources development. 

• Reporting of incidents of discrimination. 

• American Indian teacher recruitment and outreach efforts. 

• The formation of a "Gang Task Force." 

With the creation of the MOU, a representative from one of the American Indian 

nations shared, "the communication between the tribes and the school became so 

much better. The MOU required the school board and the tribal executives to meet 

quarterly... and the council started to feel less anxiety about what was happening." 

The data review had given all parties a fuller picture of the issues and allowed them 

to come up with concrete prescriptions for change. 

Since then a great many changes have taken place. The school district now 

provides the tribal nations with elementary, middle, and high school data on 

attendance, academic performance, failure rate, and the referral data for special 

education. In addition, both American Indian nations have tutors in the school that 

can help students with coursework, and the Forest County Potawatomi have hired 

school counselors, mentors, and a behavioral specialist who visit the schools 

regularly to work with students. 

In the spring of 2015, when the district needed to hire a new superintendent, they 

made a deliberate effort to look for candidates who were actively interested in 

working with local American Indian nations. Once the pool of candidates was 

determined, both American Indian nations were invited to be part of the interview 

process. The tribal nations were able to see that the school district was serious 

about the partnership. 

18 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
Conclusion 

Proactive partnerships between LEAs and American Indian nations can provide a 

wealth of opportunities and supports. Administrators and teachers can work with 

American Indian communities to develop more accurate and in-depth curriculum 

integrating American Indian history, culture, and tribal sovereignty. American 

Indian experts from local nations can provide district staff with professional 

development assistance in working with American Indian curricular topics or 

American Indian students. Data shared between districts and nations can be used 

to improve and target supports from all parties. 

Developing written agreements such as MOUs may help to establish, grow, and 

sustain such partnerships. The discussions that lead to the eventual written 

agreements can build relationships, strengthen mutual understanding, and clarify 

joint goals. The documents themselves can help all parties understand their roles, 

maintain their commitments, and sustain activities over time and through turnover. 

Wisconsin school districts and American Indian nations that have developed such 

agreements see both the process and the outcomes as net positives. 

The Wisconsin Department of Public Instruction encourages districts interested in 

developing collaborative partnerships with American Indian nations to read this 

guide closely and pursue additional information about the specific American Indian 

nation(s) with whom they wish to work. Additional references provided on 

pages 25-26 of this guide may offer more in-depth guidance on developing 

effective partnerships with American Indian nations and communities. 

Conclusion 

Developing written 

agreements such as 

MOUs may help to 

establish, grow, and 

sustain such 

partnerships. 

19 

Appendices 

Appendices 21 

Appendix A: Documents Consulted During Creation 

Appendix B: References 

Appendix C: Glossary 

Appendix D: Sample Memoranda of Understanding 

Appendix A 

Documents Consulted During Creation 

The MOU documents consulted during the creation of this guide are provided here. Table A1 shows a summary of common to

Table A1. Common Provisions of Selected Memoranda of Understanding between LEAs and Tribal Nations 

C 

0 

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t: u .,, 

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GJ C 

if I'll GJ 0 I'll GJ ::::, State Tribal Party/ies Other Party/ies 

C' j:: a= I'll C C. w C C C ...I LL. LL. LL. C 

WI Red Cliff Band of Bayfield School 

Lake Superior District X X X X X X X X X X X X X X X 

Chippewaa 

WI Ho-Chunk Nationb Tomah Area X X School District WI Ho-Chunk Nationc School District of X X X X X X X X X X X X X X 

Black River Falls 

WI Forest County School District of 

Potawatomi & Crandon X X X X X X X X X X X X X X X X Sokaogon 

Chippewad 

CA Yurok Tribee Del Norte USD & X X X X X X X X X 

Del Norte COE 

Appendix A 
E C 0 ..2 :;:; 

::::, ::::, 

u 0 ·.::: j ... IQ, 

C !

:g ::::, (') C. 

GJ .... •!!! State Tribal Party/ies Other Party/ies :;}_ C 

OK Cheyenne and Canton Public 

Arapaho Schools 06-1105 X Department of 

Educationf 

OK Chickasaw Nation Ada City Schools X Education Division8 

WA LowerElwha Port Angeles 

Klallamh School District X X 

#121 

WA Suquamishi North Kitsap X X School District 

TOTAL 7 6 5 

• Red Cliff Band of Lake Superior Chippewa & Bayfield School District (2012). 

b Ho-Chunk Nation &Tomah Area School District (2007). 

c Ho-Chunk Nation &School District of Black River Falls (2010). 

11D 

C·2

-~ 

IC 

C. 

X X 

6 

C 

0 

C :;:;

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0 ·2 

C. ::::, C. E 

j C E 0 8 ID i j ::::, C GJ 0 u .c :;:; 11D ::::, C t! "C a; ·.::: l I.LI 0 C g_ I'll 11D .c C "iii C > II) ·.::: ·.::: .,, u ·u ":i GJ C GJ .!!I =c .s +l I'll C' & a= I'll GJ I.LI C j:: C C 

X X X X 

X X 

X X X 

X X X X 

4 4 5 4 4 4 6 5 4 

d Forest County Potawatomi Community, Sokaogon Chippewa Community, &School District of Crandon, Wisconsin (2010). 

• Yurok Tribe, Del Norte County Unified School District, &Del Norte County Office of Education (2008). 

.,, 

C 

0 

:;:; 

I'll 

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::::, 

E E 

0 GJ 

t: u ::::, ... ·= C.

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X 

X X 

X X X X 

3 3 3 4 2 2 

f Cheyenne and Arapaho Department of Education State Tribal Education Partnership (STEP) Grant Program &Canton Public Schools 06-115 (2014). 

8 Chickasaw Nation Education Division's STEP Grant Program &Ada City Schools (2014). 

h Lower Elwha Klallam Tribe and Port Angeles School District #121 (2012). 

i Suquamish Tribe & North Kitsap School District (2012). 

Two of the Wisconsin-based MOUs profiled in the case studies are available online at: 

• Forest County Potawatomi, Sokaogon Chippewa Community, and the School District of Crandon 

• Ho-Chunk Nation and Black River Falls School District 

11D 

C 

=c 

C 

::::, 

LL. 

X 

2 

24 Developing Agreements between LEAs and American Indian Nations and Tribal Communitie
AppendixB 

References 

Anderson, S. (2015, May). A shared history. Wisconsin School News. Madison, WI: Wisconsin Association of 

School Boards. Retrieved from http://issuu.com/wischoo1news/docs/wasb_2015-05may/1 

Beesley, A, Mackety, D., Cicchinelli, L., Shebby, S., Rainey, J., & Cherasaro, T. (2012). Profiles of Partnerships 

between Tribal Education Departments and Local Education Agencies (REL 2012-No. 137). Washington, DC: U.S. 

Department of Education, Institute of Education Sciences, National Center for Education Evaluation and 

Regional Assistance, Regional Educational Laboratory Central. Retrieved from 

http://www.ed.gov/edblogs/whiaiane/files/2012/04/Profiles-of-Partnerships-Between-Tribal-EducationDepartments-and-Local-Education-Agencies.pdf 

Centers for Medicare and Medicaid Services. (2013). Best Practices In State-Tribal Consultations: Findings 

From Oregon. Baltimore, MD: Author. Retrieved from https://www.cms.gov/Outreach-andEducation/American-Indian-Alaska-Native/AIAN/State-Consultation-Additional-Resources/CMS-Task-EReport_OR.pdf 

The Cheyenne and Arapaho Department of Education State Tribal Education Partnership (STEP) Grant 

Program & Canton Public Schools 06-1105. (2014). Memorandum of Understanding. 

Chickasaw Nation Education Division's STEP Grant Program &Ada City Schools. (2014). Memorandum of 

Understanding. 

Community Relations Service. (2004). Forty years ofadvancing the dream: 1964-2004. Community Relations 

Service Annual Report FY 2004, 40th Anniversary Edition. Washington, DC: Author. Retrieved from 

http://www.justice.gov/archive/crs/pubs/fy2004/annualreport2004.pdf 

Community Relations Service. (2010). America's Peacemaker: Community Relations Service, U.S. Department of 

Justice: Annual Report Fiscal Year 2010. Washington, DC: Author. Retrieved from 

http://www.justice.gov/sites/default/files/crs/legacy/2011/05/09/annualreport2010.pdf 

Every Student Succeeds Act of 2016 (ESSA), Pub. L. No. 114-95 (2015). Retrieved from 

https://www.gpo.gov/fdsys/pkg/BILLS-114s1177enr/pdf/B1LLS-114s1177enr.pdf 

Forest County Potawatomi Community, Sokaogon Chippewa Community, & School District of Crandon, 

Wisconsin. (2010). Memorandum of Understanding and Mutual Support. 

Grant, J., & Brown, T. (2003). American Indian and Alaska Native Resource Manual. Arlington, VA: National 

Alliance on Mental Illness. Retrieved from 

http://www.nami.org/Content/ContentGroups/MIO/CDResourceManual.pdf 

Great Lakes Inter-Tribal Council. (n.d.). Tribes. Retrieved from http://www.glitc.org/tribes 

AppendixB 25 
Ho-Chunk Nation and School District of Black River Falls. (2010). Memorandum of Understanding and Mutual 

Support. Retrieved from 

http://www.brf.org/files/TitleVI I/Signed%20MOU%20between%20HCN%20and%20BRFSD%201-14-

10.pdf 

Ho-Chunk Nation & Tomah Area School District. (2007). Memorandum of Understanding and Mutual Support. 

Loew, P. (2013). Indian nations ofWisconsin: Histories of endurance and Renewal (2nd ed.). Madison, WI: 

Wisconsin Historical Society Press. 

Louis Berger Group, Inc. (2013). Successful Practices for Effective Tribal Consultation (NCH RP Project 25-25 

Task 79). Morristown, NJ: Author. Retrieved from 

http://onlinepubs.trb.org/onlinepubs/nchrp/docs/NCHRP25-25(79)_FR.pdf 

Lower Elwha Klallam Tribe and Port Angeles School District #121. (2012). Memorandum of Understanding. 

Retrieved from https://www.wssda.org/Portals/O/Resources/T/tribaI/LEKT%20MOU%202012-13.pdf. 

Native American Rights Fund. (2006). A Manual for Chief State School Officers and State Education Agencies on 

American Indian and Alaska Native Tribal Sovereignty, Federal Education Programs for Tribal Students, and Tribal 

Education Departments. Boulder, CO: Author. Retrieved from 

http://www.narf.org/nill/documents/manual_state_school.pdf 

Red Cliff Band of Lake Superior Chippewa and Bayfield School District. (2012). Memorandum of 

Understanding and Mutual Support. Retrieved from http://www.bayfield.k12.wi.us/community/Red%20Cliff­

%20Bayfield%20County-Bayfield%20School%20MOU%204-5-12.pdf 

Suquamish Tribe and North Kitsap School District. (2012). Memorandum of Understanding on Partnership. 

Retrieved from 

http://www.nkschools.org/cms/li b02/WA01000870/Centricity/Domain/17/Fl NAL%20SuquamishNKSD%20MOU%202012.pdf 

U.S. Department of Energy. (2000). A Guide for DOE Employees: Working with Indian tribal Nations. 

Washington, DC: Author. Retrieved from 

http://energy.gov/sites/prod/files/DOE%20Guide%20to%20Working%20with%20Tribal%20Nations.pdf 

Vail, J. (2005). Negotiating with Indian Tribes. Retrieved from http://www.mediate.com/articles/vailj1.cfm 

Weaver, H. N. (1999). /ndigenous People and the Social Work Profession: Defining Culturally Competent Services. 

Washington, DC: National Association of Social Workers. Retrieved from 

https://www.socialworkers.org/diversity/ethnic/weaver.pdf 

Yurek Tribe, Del Norte County Unified School District, and Del Norte County Office of Education. (2008). 

Memorandum of Understanding. Retrieved from https://delnorte.csbaagendaonline.net/cgibin/WebObjects/delnorteeAgenda.woa/files/MTI0MTc2OTlwNjg4My9kZWxub3J0ZWVBZ2VuZGEvMTAwLzE3NzYvRmlsZXM=/y 

urok_tribe.pdf 

26 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
AppendixC 

Glossary 

Wisconsin Act 31 (1989/1991). This is a state law that requires the instruction and study of Wisconsin 

American Indian history, culture, and tribal sovereignty in public school districts and teacher education 

programs. Please see Appendix A for the full text of the Act. 

Disproportionality. Disproportionality or disproportionate representation refers to the over- or underrepresentation of groups of students in particular categories or systems. In Wisconsin, LEAs are determined 

to meet the state definition of "significant disproportionality" if they have a risk ratio that falls above the 

limit for risk ratios (~4.0) for three consecutive years. 

Federal recognition. A federally recognized tribe is an American Indian or Alaska Native tribal entity that is 

recognized as having a government-to-government relationship with the United States, with the 

responsibilities, powers, limitations, and obligations attached to that designation. Federally recognized 

tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty) and 

are entitled to receive certain federal benefits, services, and protections because of their special 

relationship with the United States. 

Local education agency (LEA). A term primarily used to describe school districts but which can cover other 

public institutions or agencies that have administrative control of public schools or vocational education 

programs. 

Memorandum of understanding (MOU). A document that describes the general terms and principles of an 

agreement between parties. Memorandum of Agreement (MOA) and MOU are both terms that can refer to 

umbrella agreements between two or more parties; there is no commonly accepted legal difference 

between the two, but they are not always used interchangeably. 

Reservations or tribal communities. Not all federally recognized Wisconsin tribes or bands have 

reservation lands, but all have some sort of tribal community. This is also true of other tribes or bands whose 

tribal lands or reservations lie elsewhere and who may be part of smaller or pan-tribal American Indian 

communities, particularly in urban areas. 

Tribal Education Departments (TEDs). Organizations charged by their associated tribal governments with 

implementing tribal education goals and priorities. In most tribes, TEDs are part of the executive branch of 

the tribal government. They may have other names, such as [Tribal] Education Division or Agency. 

AppendixC 27 

AppendixD 

Sample Memoranda of Understanding 

The Ho-Chunk Nation 

And 

The School District of Black River Falls 

January 14, 2010 

Black River Falls, Wisconsin 

AppendixD 29 

MEMORANDUM OF UNDERSTANDING AND MUTUAL SUPPORT

This Memorandum of Understanding and Mutual Support [hereinafter referred to as the MOU] addresses 

issues of mutual interest to the Ho-Chunk Nation and the School District of Black River Falls [also known as 

"the Parties"] in Black River Falls, Wisconsin-the education of school-age members of the Ho-Chunk Nation 

;and, 

Whereas, the issues of mutual interest to the parties include promoting positive perceptions and improving 

the nature and scope of interactions between Ho-Chunk Nation tribal members and employees of the Black 

River Falls School District; and, 

Whereas, the intention of this MOU is to provide a framework for respectful and cooperative 

communication that utilizes consensus building for improving programs that affect Ho-Chunk Nation tribal 

members; and, 

Whereas, the primary outcome intended by this MOU is to improve the planning and coordination between 

the Black River Falls School District and the Ho-Chunk Nation of programs affecting the education of HoChunk Nation tribal members; and, 

Whereas, the parties intend to clarify their relationship in order to establish a common understanding 

regarding their roles, responsibilities, and procedures that will facilitate best practices between our 

agencies; and, 

Whereas, the Black River Falls School District is a body politic, duly incorporated, organized and operated 

pursuant to Wisconsin Statutes, responsible for possession, care, control and management of the property 

and affairs of the school district, with the statutory authority to do all things reasonable within the 

comprehensive meaning of the terms of its duties and powers; and, 

Whereas, the Ho-Chunk Nation's mission is to heal families in a way that is characteristic of the Ho-Chunk 

Nation's inherent cultural traditions, customs and values, and that addresses the well- being and protection 

of Ho-Chunk children, families, communities, and the Nation, with the goal of creating and implementing 

innovative programming that is proactive in nature and driven by the Ho-Chunk Nation's assertion of 

sovereignty; and, 
Whereas, both the Black River Falls School District and the Ho-Chunk Nation have a responsibility for the 

provision of education to school-age tribal members, it is critical to the quality of services that staff and 

representatives from each party understand and consult with one another to ensure that needed services 

are provided in a manner that is efficient, timely, culturally appropriate and effective; and, 

Whereas representatives of the Ho-Chunk Nation and the School District of Black River Falls have met on 

seven occasions, October 25, 2007, November 1, 2007, November 29, 2007, January 29, 2008, February 

19, 2008, March 13, 2008 and April 3, 2008 to discuss matters affecting quality education and issues of 

mutual concern to the parties; and, 

Therefore, the Parties hereby resolve and agree that, in going forward; they will mutually support and 

adhere to the following principles, and exert their best efforts in doing so: 

I. Parties 

Black River Falls School District 

301 North 3rd St. 

Black River Falls, WI 54615 Phone No.: 715.284.4357 

Fax: 715.284.7064 

-----And-----

Ho-Chunk Nation Department of 

Education W98I4 Airport Rd. 

Black River Falls, WI 54615 Toll Free: 

800.294.9805 

Fax: 715.284.9805 

Ho-Chunk Nation 

Department of Social Services 

P.O. Box 40 720 Red Iron Road Black River 

Falls, WI 54615 Phone No.: 715.284.2622 

Fax: 715.284-9486 

II. Meetings and Consultation 

A Participation and Use. Both Parties agree to participate at regular meetings related to 

issues of mutual concern. A minimum of four meetings or a meeting every other month in 

each annual school year will constitute the term of regular meetings between the parties as 

mutually scheduled. 

B. Annual Designation of Committee Members. The Ho-Chunk Nation agrees to provide to 

the Black River Falls School District the names of principal members for the following 

committees-I. Johnson-O'Malley Black River Falls/Neillsville LIEC, 2. Title VII Parent 

Advisory Committee (PACl. and 3. Impact Aid-no later than the first Monday of October of 

each school year beginning with the 2009-2010 school year. 

Ill. Impact Aid 

A Policies and Procedures Relating to Children Residing on Indian Lands. The Black River 

Falls School District claims children residing on Indian lands for the purpose of receiving 

Impact Aid funds. The Black River Falls School District agrees to initiate quarterly meetings 

to consult with the Ho-Chunk Nation Department of Education to discuss the 

establishment of a joint protocol for ensuring that the Black River Falls School District 

meets the following requirements: 

1. Native American children are participating in programs and activities supported by 

such funds on an equal basis with all other children; 

30 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
2. Parents of Native American children and the Ho-Chunk Nation are afforded an 

opportunity to present their views on such programs and activities, including an 

opportunity to make recommendations on the needs of those children and how the 

Black River Falls School District may help such children realize the benefits of such 

programs and activities; 

3. Parents of Native American children and the Ho-Chunk Nation are consulted and 

involved in planning and developing such programs and activities; 

4. Relevant applications, evaluations, and program plans are disseminated to the parents 

and the Ho-Chunk Nation; 

5. Parents and the Ho-Chunk Nation are afforded an opportunity to present their views 

to the Black River Falls School District regarding the general educational program. The 

Black River Falls School District will provide an overview of the School District 

resources available to support student education. The Ho-Chunk Nation 

representatives and parents will provide input and feedback about the School District's 

educational programs based on the Indian Policies and Procedures OPP). attached 

heretofore as Exhibit A. The Parties understand that the Board of Education of the 

School District of Black River Falls has the authority to decide how Impact Aid funds 

are to be used. 

B. Annual Survey. The annual amount of Impact Aid that the Black River Falls School District 

is eligible to receive is based, in part, on the number of students residing on Indian lands 

within the School District boundaries and the number of parents with students enrolled in 

the School District employed on Indian/Federal Lands. The annual survey of such students 

will hereinafter be done through the assistance of the Ho-Chunk Nation Register of Deeds 

Office. The Black River Falls School District agrees to generate a list of the addresses of 

enrolled students believed to represent students residing on Indian lands and send it to the 

Ho-Chunk Nation Register of Deeds for verification. The list will be generated from the 

third Friday in September student count of each school year starting with the 2008-2009 

school year. The Ho-Chunk Nation will produce and return a completed verification report 

not later than December 15 of each school year beginning with the 2009-2010 school year. 

IV. Ho-Chunk Child and Family Services Department (Social Services) 

A. Social Services Intervention. The Black River Falls School District recognizes the authority 

of the Ho-Chunk Nation Child and Family Services Department under the federal Indian 

Child Welfare Act and the Hocak Children and Family Act, when construed consistently 

with federal and state law, to investigate allegations of child abuse and neglect of HoChunk children when jurisdiction is retained by the Ho-Chunk Nation. The Black River Falls 

School District agrees to cooperate with the Ho-Chunk Social Services agents investigating 

allegations of child abuse and neglect under their jurisdiction by using procedures during 

the school day consistent with those used when cooperating with Jackson County 

authorities who also investigate alleged child abuse and neglect. 

AppendixD 31 
B. Training. To improve awareness and understanding of tribal protocol on the issue of the 

investigation of child abuse and neglect, the Black River Falls School District also agrees to 

offer its staff and teachers training on topics related to Native American children, including, 

but not limited to: 

• Cultural Sensitivity &Tribal Sovereignty 

• Confidentiality Requirements 

• Indian Child Welfare Act and Placement Preferences 

• Ho-Chunk Nation Children and Families Act 

• TrainingAboutthis MOU 

• Communication and Notification 

• Enrollment Rights of Ho-Chunk Children and Parents 

C. Confidentiality. The Parties also agree that the confidentiality and privacy of the student 

and their families shall be protected at all times during investigations of child abuse or 

neglect consistent with Wisconsin, federal, and Ho-Chunk Nation laws. A written protocol 

from the Black River Falls School District for conducting investigations, which will include 

Ho-Chunk Nation Social Services investigators, during the school day at the Black River Falls 

School District, will be jointly developed by the Parties and their attorneys. This protocol will 

be completed by the beginning of the 2009-2010 school year. 

V. Ho-Chunk Nation Department of Education and 

Youth Services Division Intervention 

The Black River Falls School District agrees to work with the Departments and Divisions of the 

Ho-Chunk Nation (such as Education, Youth Services, and Heritage Preservation) to provide 

academic, cultural or other deemed support to increase student success at ALL schools within the 

School District. The Parties agree to meet to jointly develop a written protocol for allowing HoChunk Nation tutors to teach and assist Native American children in the School District 

classrooms. This protocol will be completed during the 2009-2010 school year. 

VI. Improving Attendance and Reducing Tardiness 

Recommendations for Native American Truancy and Absence Task Force: 

The Ho-Chunk Nation, through the Director of Social Services. agrees to form a joint task force 

with the Black River Falls School District to study and propose subsequent recommendations to 

the Black River Falls School District and Ho-Chunk Nation on ways to minimize, if not eliminate, 

truancy and absenteeism for Native American students within district schools. The Parties agree 

to recognize the recommendations of the Task Force and work toward genuine positive change in 

order to overcome the negative impact of truancy and absenteeism. A joint task force will be 

formed before the beginning of the 2009-2010 school year. 

32 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
VII. Native American Cultural Awareness Training 

A Other In-service Training: The Black River Falls School District agrees to meet with the 

Ho-Chunk Nation Departments, divisions, and tribal elders to discuss additional training 

opportunities on presenting Native American Cultural Awareness training to all Black River 

Falls School District personnel. 

B. ACT 31 Training: The Black River Falls School District also agrees to continue to enhance 

and train teachers on the State of Wisconsin mandated ACT 31 provisions. The Ho-Chunk 

Education Department agrees to supplement this point of agreement with historical 

teaching materials and resources when and where necessary. Additionally, Black River Falls 

School District agrees to continue to attend the annual Wisconsin Department of Public 

Instruction ACT 31 conference in Green Bay, Wisconsin, or wherever it might be held. 

C. Disciplinary Alternatives: The Ho-Chunk Nation agrees to jointly explore with the Black 

River Falls School District alternative cultural discipline measures that might include but 

not be limited to Restorative Justice, Peer Mediation, and Native American Cultural 

Awareness training for all students within the District. 

VIII. Alternative Education 

A Employment Opportunities: The Ho-Chunk Nation agrees to work with the Black River 

Falls School District to explore and identify employment opportunities within the HoChunk Nation for Alternative Education Program students as part of their half-day 

instruction and half-day work requirement. The Black River Falls School District agrees to 

continue to explore ways to improve ALL Alternative Education Programs. 

B. The Ho-Chunk Nation agrees to work with the Black River Falls School District to explore 

and identify educational opportunities that provide remediation to regular education 

programming. The Ho-Chunk Nation believes a regular school program (currently at 28 

credits for graduation) will prepare Native American students to strive toward excellence, 

create options for higher education or employment and build self-respect. 

IX. Disproportionality and Special Education 

The Black River Falls School District and the Ho-Chunk Education Department agree to work 

collaboratively to reduce the number of Native American students in special education. This 

includes Black River Falls School District training to the Ho-Chunk Nation's Departments of 

Education and Social Services on the process of referral for special education assessments. This 

includes early achievement and intervention training for grades three through six by the HoChunk Education Department and Social Services Department, Divisions of Child and Family 

Services and Youth Services, that involve tutoring in reading and math, homework assistance and 

parent support. 

X. School Bus Transportation 

A Training: The Black River Falls School District agrees to include bus drivers in the cultural 

sensitivity training. 

B. Vacancies: The Black River Falls School District agrees to notify the Ho-Chunk Nation of 

vacancies for school bus driver positions as they become available; the selection of which 

will be without regard to race, color or national origin. 

AppendixD 33 
C. Youth-Family Night: The Black River Falls School District agrees to have the School Bus 

Coordinator meet with Ho-Chunk parents on Youth-Family Night meetings to make an 

annual presentation on School Bus Safety. 

D. Youth Services Workers: The Black River Falls School District agrees to allow the Youth 

Services Workers to take scheduled rides on the Mission District and Sand Pillow School 

Bus Routes to observe Ho-Chunk students and Black River Falls School District drivers, 

pending a review of the School District's liability insurance coverage. 

XI. Sharing of Student Information 

A Student Attendance: Black River Falls School District agrees to provide the Youth Services 

Workers appropriate information necessary to track Native student attendance, reduce 

tardiness, and enhance homework completion, test scores and grades when written 

parental consent is provided to the School District by the parent authorizing the disclosure 

of such information consistent with the federal Family Educational Rights and Privacy Act 

(FERPA) and state Pupil Records Law. The Black River Falls School District and the HoChunk Nation, through their attorneys, will investigate and identify a mechanism to 

establish a relationship between the parties for the Ho-Chunk Nation personnel to perform 

professional services for the Black River Falls School District recognized as an official 

function of government. 

B. Native American Student Support Services: The Native American Student Support 

Services will develop communication measures in collaboration with the Youth Services 

Workers to notify parents of poor student attendance and tardiness and to encourage 

parent attendance at meetings and school events. This might include, but not be limited to, 

Black River Falls School District creating and offering parents the opportunity to release 

information to the Ho-Chunk Nation, consistent with the federal Family Educational Rights 

and Privacy Act (FERPA) and state Pupil Records Law. 

XII. Board Elections 

To ensure that there is the opportunity for representation from the Native American community 

and its students, the Black River Falls School District agrees to notify the Ho-Chunk Nation Tribal 

Council or its Education Department when a vacancy on the Black River Falls School Board occurs 

or is about to occur and within 30 days of the scheduled election to replace such vacancies. The 

Black River Falls School Board and District and the Ho-Chunk Nation will agree to conduct fair 

elections. 

XIII. Dispute Resolution 

The parties agree to utilize every means necessary to resolve disputes through mutually 

respectful dialogue to avoid polarization, resentment, and tension. The parties may seek 

assistance from the U.S. Department of Justice Community Relations Service, Wisconsin 

Department of Public Instruction, or any recognized formal dispute resolution service in 

Wisconsin. Each party reserves its right to pursue any and all remedies available under the law in 

the event the other party fails to comply with any legal obligation. 

34 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
XIV. Voluntary Agreement and Ethics Disclaimer 

This MOU is the result of voluntary mediation between the parties and is not a result of duress, 

coercion, or undue influence. Nothing in this MOU should be taken as an admission of wrongdoing 

by either party and the terms and conditions contained herein are non-contractual and create no 

independent contractual obligation and/or duties upon any of the parties hereto. It being 

distinctly understood and agreed that no party to this MOU shall institute or prosecute any 

judicial or administrative proceedings of any kind or nature to enforce any of the terms and 

conditions. 

XV. Terms of Agreement 

All of the aforementioned tenets of this agreement shall be reviewed after five years from the 

date of signing. Signatory parties of this MOU at that time may choose to amend, extend or 

dissolve the agreement based on evidence of good faith, mutual compliance and benefits to the 

Ho-Chunk Nation and Black River Falls School District resulting from this relationship. 

It is also understood that the parties of this MOU agree to work in earnest and convene 

themselves regularly during the annual terms specified to uphold the tenants of the MOU as 

described herein. 

XVI. Party and Third Party Rights 

Nothing in this MOU is intended to create, nor shall anything in it be construed as creating, any 

rights in any third party entity or person that would not exist independently of this MOU. 

XVII. Consummation and Ratification 

IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of this 

14th day of January, 20 I 0, and the signatories hereto personally represent that this agreement is 

executed pursuant to legal authorization by the organizations on behalf of which they are signing: 

School District of Black River Falls: The Ho-Chunk Nation 

By: 

Witnessed By: 

U.S. Department of Justice 

AppendixD 35 
36 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 

THE FOREST COUNTY

POTAWATOMI COMMUNITY

AND 

SOKAOGON CHIPPEWA

COMMUNITY

AND 

SCHOOL DISTRICT OF

CRANDON, WISCONSIN

MEMORANDUM OF UNDERSTANDING AND 

MUTUAL SUPPORT 

Recitals

A. Whereas, Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., prohibits discrimination at 

any educational institution that receives federal funds; and 

B. Whereas, the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400, et seq., (1) 

provides federal funds to states and local educational agencies ("LEAs") to assure that all children 

with disabilities have a free appropriate public education, (2) provide for an individualized education 

program for each child, and (3) requires that LEAs provide a forum for parents to enable parents to 

participate in decisions made regarding their children; and 

C. Whereas, Title VI I of the Elementary and Secondary Education Act, as amended by Title VI I, Part A 

("Indian Education") of the No Child Left Behind Act of 2001, 20 U.S.C. §§ 7401-7492, (1) provides 

funding to support the efforts of LEAs and tribes to meet the unique educational and culturally 

related academic needs of American Indians, (2) requires LEAs to provide the Department of 

Education with a comprehensive program for meeting the needs of Indian children served by the LEA, 

including their cultural and language needs, and (3) requires that the program be developed with the 

participation and approval of a committee composed of a majority of members who are parents of 

Indian children, and local educational agency, including the language and cultural needs of the 

children ("Title VI I Parent Advisory Committee"); and 

D. Whereas, Subchapter VI 11 of the Elementary and Secondary Education Act, as amended by Title VI 11 

of the No Child Left Behind Act of 2001, 20 U.S.C. §§ 7701, et seq., ("Impact Aid" law), (1) provides 

federal funding to LEAs for the education of children residing on Indian lands, (2) requires that LEAs 

establish policies to ensure that Indian children participate in programs on an equal basis with other 

children, (3) requires that parents of such children and Indian tribes be consulted in the planning of 

such programs, and (4) requires that relevant applications, evaluations and program plans be 

disseminated to parents and Indian tribes: and 
E. Whereas, representatives of the Forest County Potawatomi Community ("FCPC"), the Sokaogon 

Chippewa Community ("SCC"), as well as the School District of Crandon ("SOC") (hereinafter known 

as the "Parties"), have met on four occasions, June 20, 2007, August 13, 2007, September 27, 2007, 

and October 16, 2008, to discuss matters of fairness in education and issues of mutual concern to the 

Parties; and, 

F. Whereas, the SDC is privileged to provide quality education and learning assistance to two sovereign 

Native American nations. It understands that each nation has separate and unique concerns and 

capabilities in addition to their tribal partnership. This agreement honors their sovereign status by 

acknowledging the individual responsibilities of the SDC to the FCPC and the SCC; and, 

G. Whereas, the SDC acknowledges that a disproportionate number of FCPC and SCC students, 

compared with non-Indian students, have been placed in special education programs; and 

H. Whereas, the Parties acknowledge other disparities between FCPC and SCC students and other 

students with respect to academic achievement, participation in extra-curricular activities, and the 

nature and scope of interactions and perceptions between non-tribal members and other residents of 

theSDC; and 

I. Whereas, the FCPC and the SCC have appointed Education Directors to coordinate FCPC's and 

SCC's education policies respectively; and 

J. Whereas, the FCPC and the SCC have appointed a Home School Coordinator ("HSC") to be present at 

Crandon High School to assure effective and continuous communication between the SDC and the 

FCPC and SCC community and to assist member students and parents in their interactions with the 

SDC;and 

K. Whereas, the Parties share a common goal of maximizing the academic achievements of FCPC and 

SCC students and wish to support each other's efforts to achieve that goal: 

Therefore, the Parties hereby resolve and agree as follows: 

UNDERSTANDINGS AND AGREEMENTS 

1. Meetings and Other Regular Channels of Communication. 

a. Quarterly IDEA Parent Forum. The SDC will hold a quarterly forum to describe its efforts to 

reduce the disproportionality of FCPC and SCC students in special education programming and to 

inform FCPC and SCC parents of their rights and responsibilities regarding their child's education. 

At each forum, the SDC will inform parents of their right to participate in the decision to place 

their children in special education, their right to appeal from decisions with which they disagree 

and the availability of the tribes' HSC to assist them in their interactions with the SDC. 

b. Quarterly District - Tribal Leadership Meeting. To achieve school board to tribal government 

cooperation, the SDC School Board will meet four times a year with the FCPC Executive Council 

and SCC Tribal Council at alternating sites within the FCPC reservation, SCC reservation and 

District to discuss educational concerns of Native American students within district schools and 

/or school-related issues within the tribal community starting on the second Wednesday in 

September; second Wednesday in November; second Wednesday in February and second 

Wednesday in April. Other meetings as needed may be called. Specific dates will be set at the first 

meeting of each academic year. 

AppendixD 37 
c. Tribal Education Meeting. The SOC, in cooperation with the FCPC and SCC Education Directors 

will convene an "Indian Education" meeting after each District- Tribal Leadership Meeting at 

FCPC and SCC locations to improve parent participation and quality of education issues. These 

meetings will take place during the school year or as agreed by the Parties. Specific dates will be 

set at the first meeting of each academic year. 

d. Title VI I Parent Advisory Committee. In addition to the meetings described above, the Parties 

will conduct such meetings as may be required pursuant to Title VI I of the Elementary and 

Secondary Education Act (a.k.a. "No Child Left Behind"), 20 U.S.C. §§ 7101-7119, or by the 

Committee's by-laws. 

e. Impact Aid Meetings. In addition to the meetings described above, the Parties will conduct such 

meetings as may be required pursuanttothe Impact Aid Law.An Impact Aid Allocation and 

Budget Summary Sheet for the current and or previous school year will be prepared by the 

Crandon School District to guide discussion about expenditures and recommendations for 

spending for Native Students during meetings in accordance to Impact Aid Law. This form is 

attached herewith as Attachment - A. 

g. Sharing of Student Information. 

(i.) The SOC will provide to the HSC, on a daily basis, appropriate information necessary to 

track Native student attendance, reduce tardiness, and enhance homework completion, 

test scores and grades. 

(ii.) The FCPC and SCC Education Directors will develop communication measures in 

conjunction with the SOCK to notify parents of poor student attendance and tardiness and 

to encourage parent attendance at meetings and school events. 

2. Addressing Disparities in Special Education Placement. 

a. Special Education Plan. The SOC, in consultation with the FCPC and SCC Education Directors will 

adopt a new Special Education Plan establishing improvement goals, programs and objectives to 

reduce the disproportionality of Native students in special education. SCD Special Education and 

FCPC and SCC Education Directors shall meet to begin work on the initial Special Education Plan 

within 30 days after signing this agreement. The Special Education Plan shall be completed within 

60 days of the beginning of the 2010-2011 school year and shall be reviewed by the SOC Special 

Education and FCPC and SCC Education Directors for sufficiency each year thereafter. 

b. Parent Notification. All FCPC and SCC parents of special education and Response to 

Intervention ("RTI") students will be notified of their option to have a HSC be present at the initial 

teacher-parent meeting by the SOC and every meeting thereafter. 

c. HSC Notification. In the event the SDC contemplates evaluating any FCPC and SCC student for 

special education services, the SDC will consult with the HSC. Unless an FCPC or SCC parent does 

not consent, the HSC wil I participate in all meetings relating to placement of an FCPC or SCC 

student in special education and the preparation of an Individualized Education Program for such 

student. 

38 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
d. HSC Participation. The SDC may permit parents of FCPC and SCC students to have the HSC 

present at the SOC Special Education family meetings. FCPC and SCC parents may also agree to 

provide access to computerized academic records to the HSC to assist in working with that parent 

and their student for the purpose of improving academic performance. A waiver provided by the 

parent or legal guardian for the HSC as written consent shall be required by the SDC to allow this 

assistance to occur. Any and all information about the student and their parent shall remain 

confidential as stated in the waiver. 

e. Disclosure of Policies. The SOC will make available all information regarding the level of 

achievement and assessment for all students including those with disabilities of the SOC to the 

FCPC, sec, parents and the HSCs. The FCPC and sec shall have the right to take part in 

discussions, applications and review of procedures and policies. All information pursuant to this 

paragraph will be disclosed in accordance with IDEA, FERPA, HI PAA, Wisconsin Pupil Records 

Law and other applicable federal, state or local law. The SOC will develop a plan to address 

deficiencies on a school district-wide basis as demonstrated by the DPl-mandated assessments in 

addition to the regular review of Individual Education Programs ("IEPs") as governed by Special 

Education requirements in DPI Wisconsin Chapter 115.78(2) (b). 

f. Sharing of Information with the HSC. The SDC will provide information to the HSC on the 

individual academic performance of all FCPC and SCC students as requested as of the date of this 

agreement. All information pursuant to this Paragraph will be disclosed in accordance with IDEA, 

FERPA, HIPAA, Wisconsin Pupil Records Law and other applicable federal, state or local law. 

g. School Counselor Meetings. School counselors will meet with each FCPC and SCC student at a 

minimum once per year and more frequently upon recommendation or request of parents, 

teachers, home-school coordinators, administrators or students. 

h. Early Intervention. REACH team notifications will be made to FCPC and SCC parents by the SOC. 

The HSC will be notified of poor student performance every day that school is in session through 

Family Access or as requested. 

i. Tutoring. The FCPC and SCC will provide daily tutoring and HSC support and will document 

student attendance for students attending after school tutoring programs and will make 

attendance records available to the SDC. 

3. Native American Curriculum and Staff Training. 

a. The SOC agrees to continue to enhance the current Native American History curriculum at all 

grade levels to strengthen compliance with the 1989 Wisconsin Act 31 ("Act 31 "). The SOC 

agrees to attend Wisconsin Department of Public Instruction Annual Act 31 meetings at its own 

expense. 

b. The FCPC and SCC Education Directors will provide the SOC assistance in the development and 

enhancement of the Act 31 curriculum and provide the list of materials and personnel as teaching 

resources annually, prior to the school year for all the SOC students. It is understood that the 

SOC might use Title VII funding resources to accomplish these goals with consultation of the Title 

VII Committee. 

AppendixD 39 
c. The SOC, FCPC and SCC shall jointly develop an in-service training program at the Indian 

Education meetings after each District-Tribal Leadership meeting as called for in Paragraph I (c) 

for the SOC teachers on Native American Culture and Spirituality starting with the 2009-20 10 

school year. The training will be presented by the FCPC and SCC tribal elders or culture 

instructors and any other resources as desired by the Parties. 

d. The SOC agrees to develop jointly with the FCPC and SCC Native American language programs as 

a foreign language education elective to implement into the SOC curriculum. 

e. The Parties will use the venue of the Indian Education meetings after each District-Tribal 

Leadership meeting as called for in Paragraph I (c) to discuss and explore Native American 

learning styles, seek available training resources, and make those resources available for teacher 

in-service day training. Changes in the SOC curriculum and materials will be adjusted over time to 

reflect inclusion of Native American Learning Styles that might enhance teaching objectives and 

learning goals by grade level for all Native American and non-Native students. 

f. The SOC agrees to offer students services through Nicolet Distance Education Network 

("NDEN") programs. 

g. Appropriate cultural input and review of the Act 31 curriculum and materials by the FCPC and 

SCC Education Directors are necessary before implementation. A review of the curriculum will 

coincide with the renewable terms of this agreement. 

4. Cooperation Relating to Funding. 

a. The SOC agrees to share information on Title VI I grants with FCPC's and SCC's Education 

Directors. The by-laws of the "Title VI I Parent Committee" will be changed to reflect this and all 

new by-laws will include a minimum of three members from the FCPC community and a minimum 

of three members from the sec community approved by the FCPC Executive Council and sec 

Tribal Council, as originally intended. 

b. In accordance to Impact Aid Law, the parties also agree to hold mutually beneficial discussions as 

part of the District-Tribal Leadership Meetings referenced in Paragraph 1 (b &f) to receive input 

from the FCPC and SCC on how U.S. Department of Education Impact Aid funding will be used 

annually in the School District of Crandon. SOC agrees to provide, at the first District-Tribal 

Leadership Meeting of every calendar year, its budget and an audit report identifying where 

Impact Aid Funds were spent in the previous fiscal year. SDC shall have the final determination on 

the use of Impact Aid Funds after mutual and reasonable dialogue between all parties has 

occurred. 

c. SDC, in addition to conducting its annual Impact Aid Survey, shall request tribal enrollment data 

from FCPC and SCC to accurately account for total Native American student enrollment. FCPC 

and SCC shall forward the information as requested by November 1st of each academic year. 

d. The SOC will seek funding for school counselors or any services/ programs not currently offered 

to benefit FCPC and SCC students. SDC will communicate these funding and service needs to 

FCPC and SCC Education Directors as they occur. The FCPC and SCC Education Directors might 

also seek funding from sources available to the tribes to assist in this effort. 

40 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
5. Reporting of Incidents of Discrimination. 

The FCPC's and SCC's Education Directors and HSC shall report, and shall encourage FCPC and SCC 

parents to report, incidents of perceived discrimination in academic placement, classroom treatment 

and/or participation in sports and other extracurricular activities to their respective school principals. 

These reports must be made within 3-5 days of the incident. The SOC shall investigate all incident 

reports and prepare written findings which shall be reported at quarterly school board to tribal 

government District-Tribal Leadership Meetings, subject to legal confidentiality requirements. This 

paragraph shall not in any way limit or diminish any right of any FCPC or SCC parent or student to 

pursue legal remedies in any other appropriate venue, including state or federal agencies or courts. 

6. Recruitment of Native Teachers. 

a. The SOC agrees to actively recruit and seek qualified Native American applicants and to make all 

employment vacancies, including teaching internship opportunities, available utilizing the 

Wisconsin Indian Education Association and other state and local recruitment sources. 

b. The FCPC and SCC Education Directors will assist in identifying potential Native American 

teachers and other staff members for the SOC as vacancies occur. The SOC will make vacancy 

reports available to the FCPC and SCC Education Directors and at all quarterly school board to 

tribal government "District-Tribal Leadership Meetings." 

c. The Parties agree to continue to improve communication between them in order to provide 

school information, meeting information and diverse employment opportunities for teaching and 

other vacancies that might become available in the SOC schools. 

Communication resources accessed might include FCPC, SCC and the SOC websites, FCPC and 

SCC tribal, Crandon School newspapers and any other available effective resources to assist in 

the objectives of this measure. 

7. Gang Task Force. 

a. The Parties shall form a "Gang Task Force" or equivalent initiatives that provide an anti-gang or 

gang abatement objective affecting Native and non-Native students in the SOC. This effort may 

include, but is not limited to, inter-cultural leadership training, GREAT programs, mentorship, and 

youth outreach. The SOC, FCPC and SCC Education Directors and appropriate law enforcement 

personnel will be the principals in initiating this program. 

b. The SOC, SCC and FCPC will share information to reduce community-wide youth gangs, drugs 

and violence and may utilize local and/or state law enforcement and other youth development 

resources to aid in this endeavor. 

8. Crandon Alternative Resource School 

The Crandon Alternative Resource School ("CARS") shall be offered to FCPC and SCC students at the 

school and transportation to be provided one way by the school. The SOC will meet with FCPC's and 

SCC's Education Directors to discuss the scope and purpose of the CARS program and to discuss 

suggestions from FCPC and SCC for improving CARS instruction. Positive outcomes from these 

meetings might be incorporated into new CARS instruction protocols. 

AppendixD 41 
9. Dispute Resolution. 

The Parties agree to utilize every means necessary to resolve disputes through mutually respectful 

dialogue to avoid polarization, resentment and tension. The Parties may seek assistance from the U.S. 

Department of Justice Community Relations Service, Wisconsin Department of Public Instruction, or 

any recognized formal dispute resolution service in Wisconsin. Each Party reserves its right to pursue 

any and all remedies available under the law in the event the other Party fails to comply with any legal 

obligation. 

10. Voluntary Agreement and Ethics Disclaimer. 

This agreement is the result of voluntary mediation between the Parties and is not a result of duress, 

coercion or undue influence. This mediation was requested by the School District of Crandon. Nothing 

in this agreement should be taken as an admission of wrongdoing by either Party. The terms and 

conditions contained herein are non-contractual and create no independent contractual obligation 

and/or duties upon any of the Parties hereto. 

11. Term of Agreement and Renewal. 

This agreement shall remain in effect for five years unless terminated or amended earlier by mutual 

consent of the Parties. Not later than 60 days before the expiration of the agreement, the Parties shall 

meet in good faith to discuss the benefits of the agreement and whether to renew the agreement in its 

current form or in an amended form. Neither Party is obligated to continue the agreement after the 

expiration of the five year term. 

12. Amendment of Agreement. 

Amendments or modifications to this agreement may be made by written mutual agreement between 

the Parties. 

13. Third-Party Rights. 

Nothing in this Memorandum of Understanding is intended to create or diminish, nor shall anything in 

it be construed as creating or diminishing, any rights in any third-party entity or person that would not 

exist independently of this agreement. 

IN WITNESS WHEREOF, the Parties have executed and delivered this agreement as of this 29th day of 

April, 201 0, and the signatories hereto personally represent that this agreement is executed pursuant 

to legal authorization by the organizations on behalf of which they are signing: 

School District of Crandon 

The Forest County Potawatomi Community 

Sokagoan Chippewa Community 

Witnessed by: 

42 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective